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employent contacts help

I have just been issued a new contract which states " we have the contactual right to carry out searches of employees and there property( inc vehicles) whilst they are on our premises or business.
Can they legally do this??? also

they have put "All mail recieved by us will be opened, inc that addressed to employees. private mail therefore should not be sent care of our address.
can they do this too???

any help would be greatfully welcomed
nick
«1

Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It depends on the nature of the job really.

    Many years ago, I used to work at WD & HO Wills and as we left the factory each night a random search was carried out on random employees, many were caught trying to steal cigarettes and yes,
    houses were searched as a matter of course. But if you want the job and you have no intention of breaking company rules then I cant see a problem.

    As for the mail - personal mail shouldnt be sent to the company anyway, so make sure that none is.


    And congratulations on the new job:j:j
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    I have friends who work in factories and they are subject to random personal searches (some view this as a bit of a game) - its accepted in the job.
    Don’t be a can’t, be a can.
  • ableandy
    ableandy Posts: 265 Forumite
    Yes they can search your property. They cannot search your person, they would need to get the Police in to do this, but bags, vehicles and lockers can be.

    As for the mail they can assume that all mail received at the business address is official mail and therefore is theirs to open. In real terms they probably won't open any mail addressed to you, it is more likely there for periods of absence so they can ensure that any mail is opened in case it is important, such as an order or invoice.

    Good luck with the role.
    :jI am an Employment Law Paralegal and an experienced Human Resources Manager and offer my guidance as simply that ... guidance :j
  • Hammyman
    Hammyman Posts: 9,913 Forumite
    I've worked at jobs where there are personal searches (empty pocket type) as well as property. Personal were voluntary and random. They also used to do drug tests as well.
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    mckneff wrote: »
    it depends on the nature of the job really.

    Many years ago, i used to work at wd & ho wills and as we left the factory each night a random search was carried out on random employees, many were caught trying to steal cigarettes and yes,
    houses were searched as a matter of course. but if you want the job and you have no intention of breaking company rules then i cant see a problem.

    As for the mail - personal mail shouldnt be sent to the company anyway, so make sure that none is.


    And congratulations on the new job:j:j
    ???????????????? !!!!!!!!!
  • honeypop
    honeypop Posts: 1,502 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    DH also works somewhere where a search may be carried out of your house following a personal and vehicle search, it does happen.
  • safesound
    safesound Posts: 1,164 Forumite
    Retail also usually carries this clause in contract too. Personal search (YOU empty pockets not them), bag, locker and car if on company premises.
    As I don't carry a bag, don't have a locker and walk to work, when I'm searched its just emptying my pockets for them.
    :A:A:A:A:A:A
  • anamenottaken
    anamenottaken Posts: 4,198 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    honeypop wrote: »
    DH also works somewhere where a search may be carried out of your house following a personal and vehicle search, it does happen.

    but is this a "matter of course"?

    What happens if, having agreed to it in T&C, a member of staff then refuses to allow a house search - or other residents of the house refuse to have their possessions searched when they were not a party to the contract?
  • ovoreo
    ovoreo Posts: 149 Forumite
    Wow I've never worked anywhere where this has been necessary, although I can understand why an employer in certain sectors would deem this necessary. I think as McKneff says, if you want the job, you need to comply. I would be slightly concerned if your employer is issuing you with a new contract? Was this something that has been discussed with you? Perhaps with your unions and agreed with them? I would imagine if you refuse to sign up, they will dismiss you for 'some other substantial reason'. I imagine if you then refuse a search they deem it gross misconduct.
  • greytroot
    greytroot Posts: 619 Forumite
    Think you will find that it is a condition of entry to where you work and as such if you do not agree to their terms then you should not enter their premises nor should you work for them.
    You cant take the trousers off an elephant!
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